How Egypt's law punishes smugglers of immigrants

CAIRO - 12 July 2023: Egypt Today, in this article, highlights the punishments Egypt's law imposes on smugglers of unregistered immigrants, and discuss the amendments of the law. 

 

Law No. 22 of 2022 amends some provisions of the Egyptian Law on Combating Illegal Immigration and Smuggling of Migrants promulgated, in line with the provisions of the Constitution and relevant international agreements, and in line with the most prominent objectives of the national strategy to combat illegal immigration.

 

The strategy aims to protect the groups most at risk of exploitation by smugglers: namely youth, children and their families, and unregistered immigrants in Egypt, as well as deter and punish immigration brokers and merchants through strict procedures and penalties.

 

 

According to the law, the penalty shall be temporary hard labor for a period of no less than five years and a fine of no less than five hundred thousand pounds and no more than one million pounds, or a fine equal to the value of the benefit accrued to him, whichever is greater, in any of the following cases:

 

1- If the offender has founded, organized or managed an organized criminal group for the purposes of smuggling migrants, or assumed leadership in it, or was one of its members or affiliated with it.

 

2- If there are several perpetrators, or if the crime is committed by a person carrying a weapon.

 

3- If the offender is a public servant or assigned to a public service, and commits the crime by abusing the position or public service.

 

5- If the crime threatens the life of the smuggled immigrants or endangers their health, or represents inhumane or degrading treatment, or if the offender obtains a subsequent benefit from the smuggled immigrant or his family.

 

6- If the smuggled migrant is a woman, a child, an incapacitated person, or a person with a disability.

 

7- If a forged travel or identity document was used in the commission of the crime, or if a travel or identity document was used by someone other than its legal owner.

 

8- If a ship was used in committing the crime, in violation of the purpose designated for it or the prescribed routes. 

 

9- If the offender returns to commit the crime stipulated in the first paragraph of this article.

 

The legislation also affirms that: “Aggravated imprisonment and a fine of not less than two hundred thousand pounds and not more than five hundred thousand pounds, or a fine equal to the value of the benefit accrued to him, whichever is greater, shall be imposed on whoever commits the crime of smuggling migrants, attempts to do so, or mediates in that.”